Legal Question in Real Estate Law in California
trying to get money owed for purchases made
My friend bought a car for her boyfriend which is now an ex. she put the car on her credit card for him with the understanding that he would pay her back. well, they broke up and he does not want to pay her back or give the car back. when the vehicle was bought he went and picked it up and just used her credit card number. she was not present, but did give him the number. he signed the receipt with his name. the vehicle is on her credit card but in his name. my question is does she have a chance on recovering her money or the car in small claims court? thanks for your time and i hope i made the right selection for what kind of law this is. thanks.
3 Answers from Attorneys
Re: trying to get money owed for purchases made
First of all, the boyfriend, hopefully, is not an authorized user of the credit card. If not, then you can also sue the dealership for credit card fraud. Also, you can sue the boyfriend in small claims for breach of oral contract. You can find forms and information for small claims at the local courthouse. Good luck and thanks for inquiring.
Re: trying to get money owed for purchases made
Yes, take him to small claims court (as long as the claim is under $5,000). You have very little to lose and lots to gain. Bring witnesses and any documentary evidence you can find. Good luck.
Re: trying to get money owed for purchases made
When your friend prepares her Complaint for the Small Claims case, she should ask for 'restitution' so the court can order return of the car as well as money damages, which the ex-boyfriend might be unable to pay, or would be hard to collect.
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